sec.126DForfeiture of seized things

### sec.126D Forfeiture of seized things A seized thing is forfeited to the State if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act or the Transport Infrastructure Act 1994 , chapter 14 . In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner. If the authorised person decides it is necessary to keep something under subsection (1) (c) , the authorised person must immediately give the owner a statement of the reasons for the decision and an information notice. Subsection (3) does not apply if the authorised person can not find the owner, after making reasonable inquiries. Regard must be had to the thing’s nature, condition and value in deciding— whether it would be unreasonable to make inquiries or efforts under this section; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable. s 126D ins 2001 No. 79 s 82 amd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2004 No. 9 s 28 (sec.126D-ssec.1) A seized thing is forfeited to the State if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act or the Transport Infrastructure Act 1994 , chapter 14 . (sec.126D-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (sec.126D-ssec.3) If the authorised person decides it is necessary to keep something under subsection (1) (c) , the authorised person must immediately give the owner a statement of the reasons for the decision and an information notice. (sec.126D-ssec.4) Subsection (3) does not apply if the authorised person can not find the owner, after making reasonable inquiries. (sec.126D-ssec.5) Regard must be had to the thing’s nature, condition and value in deciding— whether it would be unreasonable to make inquiries or efforts under this section; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable. - (a) can not find its owner, after making reasonable inquiries; or - (b) can not return it to its owner, after making reasonable efforts; or - (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act or the Transport Infrastructure Act 1994 , chapter 14 . - (a) subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and - (b) subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner. - (a) whether it would be unreasonable to make inquiries or efforts under this section; and - (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.